California Building Code and the NFIP. John Ingargiola, Senior Engineer FEMA Building Science Branch

Transcription

1 California Building Code and the NFIP John Ingargiola, Senior Engineer FEMA Building Science Branch

2 CA Major Disaster Declarations and Federal Assistance $21 $21 $76 $78 7 declarations, , total $267 million $29 $7 $35 2

3 California Flood Insurance $ 84 billion Total coverage as of 2016 $520 million Paid since 1978 $23 million Paid ,364 policies in force 527 NFIP communities $ 217 million Written Premium in-force as of

4 The 2015, 2012 and 2009 I-Code flood provisions meet or exceed the National Flood Insurance Program requirements for buildings and structures. 4

5 Building Codes and NFIP NFIP Regulations (44 CFR Parts 59 & 60) Local Floodplain Management Regulations* or IBC Appendix G* Building Code Flood Resistant Buildings and Development ASCE 7 ASCE 24 5

6 Building Codes and NFIP Local Floodplain Management Regulations* or IBC Appendix G* * NFIP-consistent administrative provisions, community-specific adoption of FIS and maps, and technical requirements for development outside the scope of the building code (and higher standards, in some communities). 6

7 Comparison checklist FEMA prepares excerpts from the I-Codes NFIP Checklist (standard ordinance compliance checklist) Excerpts of flood provisions, lists of changes between I-Code editions, and Highlights of ASCE 24 available on FEMA Building Code Resources webpage. 7

8 Comparison checklist 8

9 Referenced Standard ASCE 24 ASCE 24, Flood Resistant Design and Construction Referenced by IBC, contains design requirements Highlights prepared by FEMA Available online (2005 and 2014 editions) Summarizes key requirements 2015 I-Codes reference ASCE

10 Key changes between 2012 and 2015 IRC Minimum elevation is BFE + 1 ft, all flood zones Coastal A Zone regulated like Zone V Flood openings in all walls, including breakaway Specific requirements for tanks (Zone A and Zone V) IBC (by changes to ASCE 24-14) Performance of engineered flood openings Flood Design Class 4 (Risk Category IV) at or above BFE + 2 ft or 500-year elevation, whichever is higher Flood openings in all walls New section for multi-story parking structures 10

11 Additional Elevation: Freeboard 2015 IRC now requires minimum elevation BFE + 1 ft Justified by reduced vulnerability to flooding Reduced cost of NFIP flood insurance 11

12 2015 IRC Elevation: Freeboard (Zone A) AO Zone 12

13 2015 IRC Elevation: Freeboard (Zone V and CAZ) 13

14 IBC / ASCE 24-14: Freeboard Increasing importance, increasing protection 2015 IBC, by reference to ASCE 24, requires the higher of BFE + 1 ft or 500-year flood elevation for Flood Design Class 4 ( critical facilities ) 14

15 Reducing Flood Losses (4 th ed) Significant revision with a lot of new content RFL answers questions about coordinating building codes and floodplain management regulations International Code Council in coordination with FEMA Download from ICC or FEMA (not available in hardcopy) Based on the 2012 I-Codes, with notes for the 2015 edition 15

16 Why Coordinate Codes & FPM Ords? Two regulatory instruments that govern the same thing can create problems: Are wording differences meaningful? Does the more restrictive always prevail? Who decides? What s the burden on the regulated public, design professionals, buildings and on every community to figure it out? Is there liability for failure to enforce the more restrictive? 16

17 RFL Chapter 3: NFIP & I-Codes IMPROVED Chapter 3, Differences Between NFIP Requirements and the I-Codes 26 topics Many I-Code and ASCE 24 requirements exceed the NFIP or are more specific than the NFIP. 17

18 RFL Chapter 3: NFIP & I-Codes Adoption of FIS and FIRMs Flood Loads and Flood Resistance BFE and Design Flood Elevation SFHA and Flood Hazard Areas Buildings, Structures, and Development Risk/Occupancy Category & Flood Design Class Required Building Elevations Equipment Elevations Residential and Non-Residential Buildings Definition of Basement Floodway Use of Fill Dry Floodproofing Coastal A Zone Existing Buildings Historic Structures Additions Manufactured Homes Registered Design Professional Building Official and Floodplain Administrator Inspections Record Keeping SI / SD Variances Crawlspace and Under-floor Space Livable and Habitable 18

19 RFL Chapter 3: NFIP & I-Codes Adoption of FIS and FIRMs Flood Loads and Flood Resistance BFE and Design Flood Elevation SFHA and Flood Hazard Areas Buildings, Structures, and Development Risk/Occupancy Category & Flood Design Class Required Building Elevations Equipment Elevations Residential and Non-Residential Buildings Definition of Basement Floodway Use of Fill Dry Floodproofing Coastal A Zone Existing Buildings Historic Structures Additions Manufactured Homes Registered Design Professional Building Official and Floodplain Administrator Inspections Record Keeping SI / SD Variances Crawlspace and Under-floor Space Livable and Habitable 19

20 Base Flood & Design Flood 20

21 BFE & DFE IRC: DFE is defined where used in R

22 BFE & DFE IBC, ASCE 7 and ASCE 24 define BFE and DFE DFE = BFE unless a different flood hazard map is adopted Reasons a community might have DFE BFE include local decision to use a different map to delineate: Ultimate development runoff (future conditions) Storm of record 0.2% annual chance (500- year) flood Areas not on FIRMs 22

23 NFIP: Residential & Non-Residential Does not define the terms. Only non-residential may be dry floodproofed in lieu of elevation. NFIP guidance: Residential includes where people live, used for sleeping purposes, cared for on 24-hour basis Terms in the Flood Insurance Manual are used to determine which coverage limits apply and should not be used to determine which buildings may be dry floodproofed. 23

24 I-Codes: Residential & Non-Residential IRC: one- and two-family dwellings and townhomes not more than 3 stories IBC: all other buildings; sometimes call the commercial code, but also applies to residential occupancies not within the scope of IRC ASCE 24, for applicability of dry floodproofing: Defines residential Non-residential includes buildings that are not residential ASCE defines, in commentary, mixed-use and residential portions of mixed-use buildings 24

25 NFIP: Building Official & FPA NFIP communities must legislatively designate an official (typically called the Floodplain Administrator). The designated official performs pursuant to the authority in the adopted floodplain management regulations. Every community must adopt regulations and have a Floodplain Administrator, even if they have interlocal agreements or contract for services by another entity. 25

26 I-Codes: Building Official & FPA Building Officials administer and enforce building codes pursuant to the authority of the adopted building code. If designated the Floodplain Administrator in local regulations, the Building Official could delegate functions, e.g., those not directly related to buildings, such as floodway encroachments. 26

27 NFIP: Inspections NFIP regulations do not specify inspections FEMA guidance suggests inspections at several times during construction 27

28 I-Codes: Inspections IBC and IRC call for a lowest floor or floodplain inspection: upon placement of the lowest floor, including basement, and prior to further vertical construction at which time documentation of elevations is to be submitted IBC and IRC require submission of as-built elevation documentation prior to final inspection IRC calls for as-built elevation documentation (in Section R322) 28

29 RFL Chapter 4: Questions NEW Chapter 4, Questions Related to Coordinating I-Codes and Floodplain Management 17 questions Answers should be developed in the context of each State or community existing statutes and codes Help evaluate options and make decisions: Develop code-coordinated model ordinances Continue use of stand-alone floodplain management ordinances and deal with differences and conflicts and coordination not recommended 29

30 RFL Chapter 4: Questions State rules administrated by a State agency? Which code covers existing buildings? How are conflicts/differences resolved? Is IBC Appendix G adopted? At which level are building codes adopted? Which codes (and which editions) are adopted? Is Chapter 1 of the I-Codes adopted? Is Chapter 1 of the I-Codes modified? Does the State regulate certain activities or buildings? Is specific work exempt from building permits? Are specific buildings exempt from the Code? Were flood provisions in the body of the Codes modified? Was Appendix G of the IBC modified by the State? Does the State permit local amndts? How are FISs and FIRMs (and revisions) adopted? How are manufactured homes regulated? Does the State Code Council issue interpretations? 30

31 RFL Chapter 4: Questions State rules administrated by a State agency? Which code covers existing buildings? How are conflicts/differences resolved? Is IBC Appendix G adopted? At which level are building codes adopted? Which codes (and which editions) are adopted? Is Chapter 1 of the I-Codes adopted? Is Chapter 1 of the I-Codes modified? Does the State regulate certain activities or buildings? Is specific work exempt from building permits? Are specific buildings exempt from the Code? Were flood provisions in the body of the Codes modified? Was Appendix G of the IBC modified by the State? Does the State permit local amndts? How are FISs and FIRMs (and revisions) adopted? How are manufactured homes regulated? Does the State Code Council issue interpretations? 31

32 Is Chapter 1 of I-Codes Adopted? Use I-Code Chapter 1, available through the California Building Standards Code Communities that don t use I-Code Chapter 1 should include flood-related content in their locally developed administrative rules: Content of plans to show zones, elevations, floodway SI/SD determinations Variances Inspections 32

33 IBC Appendix G Adopted? Appendices must be explicitly adopted. IBC Appendix G includes floodplain management and administrative provisions not included in the body of the I-Codes. California makes IBC Appendix G available for local adoption 33

34 Local Code Amendments Allowed? California allows local amendments More stringent 34

35 RFL Chapter 5: Higher Standards IMPROVED CHAPTER 5, Increasing Resistance to Flood Damage FEMA encourages adoption of requirements that exceed the NFIP ( higher standards ) NFIP Community Rating System recognizes higher standards FEMA s post-flood investigations reinforce the value of some higher standards Chapter 5 includes brief explanations of benefits of 16 higher standards Suggested language to amend the I-Codes in underline and strike-thru format States and communities interested in other higher standards can seek FEMA advice 35

36 RFL: Higher Standards Amend The I-Codes Additional Height (Freeboard) Prohibit Enclosures Below Elevated Buildings Limit the Size of Enclosures Below Elevated Buildings Require Nonconversion Agreements Treat Coastal A Zone Like Zone V Cumulative Substantial Improvement Repetitive Flood Damage (Substantial Damage) Limitation on Use of Fill Design Certification of All Foundations Protection of Critical and Essential Facilities Flood Hazard Map Other Than, or in Addition to, the FIRM Ordinance or IBC Appendix G Designate the Floodplain Administrator Manufactured Home Limitations Flood Protection Setback Along Waterways Subdivision Limitations Compensatory Storage

37 Additional Height (Freeboard) Already illustrated the benefits of adding freeboard Although the I-Codes have some freeboard, some communities what to adopt even more additional elevation Most effective way to protect buildings Anticipate changes in flood levels (upland development, climate change) Reduce risk for individual buildings (and lower NFIP flood insurance premiums) 37

38 Additional Height (Freeboard) IRC to increase freeboard that is already in some sections, modify several sections to read: to or above the base flood elevation plus {insert additional height} or the design flood elevation, whichever is higher. Remember, 2015 IRC already has BFE + 1 ft in all flood zones; can add even more IBC add subsection to to specify the minimum elevation is the higher of that specified in ASCE 24 or the base flood elevation plus {insert additional height}, whichever is higher. 38

39 Cumulative Substantial Improvement Some communities adopt a requirement to track improvements over a specific period of time (1-, 5-, 10- years or life of buildings) and require compliance when the accumulated cost equals of exceeds 50% of market value Discourages phasing of work deliberately to avoid the Substantial Improvement trigger Helps bring nonconforming buildings into compliance faster, especially in communities with shallow, repetitive flooding unlikely to ever cause Substantial Damage Community must have good permit records 39

40 Cumulative Substantial Improvement In IBC and IEBC, modify definition: SUBSTANTIAL IMPROVEMENT. Any combination of repair, reconstruction, rehabilitation, addition or improvement of a building or structure taking place during a {number of years} year period, the cumulative cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. For each building or structure, the {number of years} year period begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to {see Note}. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: remainder unchanged 40

41 Modify IBC Appendix G to Designate FPA For communities that assign floodplain management responsibilities to an agency other than the building department Another option is to designate in companion ordinance 41

42 RFL, Chapter 6 NEW CHAPTER 6, Model Code-Coordinated Floodplain Management Ordinances Always have draft revisions to your floodplain management regulations reviewed by the NFIP State Coordinator before adoption. 42

43 RFL: Model Code-Coordinated Ordinances Written to explicitly coordinate work with the building codes All requirements for buildings and structures are in the building codes Some additional administrative provisions are in the ordinance Adoption of FIS/FIRMs Powers and duties of the FPA Applications Variances 43

44 RFL: Model Code-Coordinated Ordinances IBC Appendix G or coordinated ordinances include requirements for development other than buildings are in the ordinance Subdivisions Site improvements Manufactured homes Recreational vehicles Tanks Temporary structures Other building work Utility and Miscellaneous Group U buildings 44

45 What s Next for You? Consider options for a code-coordinated ordinance Learn about the State s process for adopting the I- Codes Work through questions in Chapter 4 Consider higher standards Request review assistance Gain State/FEMA concurrence before adoption 45

46 Why Is FEMA Involved in Model Building Codes? Cornerstone of effective mitigation Return on investment Technology transfer Building code adoption tracking Promote adoption and enforcement of current disasterresistant codes 46

47 FEMA Strategic Plan Priority #4: Enable Disaster Risk Reduction Nationally Objective 4.2: Incentivize and facilitate investments to manage current and future risk In collaboration with partners in the private sector and at Federal, state, tribal, and local levels FEMA will also support the development and adoption of more rigorous, riskinformed building codes and standards. 47

48 Federal Disaster Assistance Sec Minimum Standards for Public and Private Structures (42 U.S.C. 5165a) (a) In General - As a condition of receipt of a disaster loan or grant under this Act - (1) the recipient shall carry out any repair or construction to be financed with the loan or grant in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards; and (2) the President may require safe land use and construction practices, after adequate consultation with appropriate State and local government officials. (b) Evidence of Compliance - A recipient of a disaster loan or grant under this Act shall provide such evidence of compliance with this section as the President may require by regulation. 48

49 Codes Integrated in FEMA Programs Community Rating System CRS class depends on BCEGS score Credits given for higher standards Hazard Mitigation Assistance ASCE 24 as minimum criteria for elevation, dry floodproofing, and mitigation reconstruction projects 5% initiative to adopt disaster-resistant building code or improve BCEGS score Post-disaster code enforcement Mapping of LiMWA on FIRM which delineates Coastal A Zone 49

50 Links between Risk MAP and Building Code Issues What changes/updates to flood mapping have major building code impacts? Riverine: Freeboard and Floodways (high velocity) Coastal: Coastal Zone A High Risk Flood Hazard Areas (alluvial fan, flash flood, mudslide, erosionprone, high velocity flow, ice jam and debris) 50

51 FEMA Floodproofing Certificate has been designed and constructed in accordance with the accepted standards of practice (ASCE 24-05, ASCE or their equivalent) and any alterations also meet those standards 51

52 Resources Financial FEMA planning grants, HMA 5% initiative, HMGP grants for code training, code improvements, improving BCEGS score FEMA Community Assistance Program State Support Services Element (CAP-SSSE) ordinance assistance HUD Community Development Block Grants for code enforcement activities and resilient code development Technical Model code-coordinated ordinances Reducing Flood Losses through the International Codes FEMA Building Code Resources ( Code, design and construction training Technical assistance Building Science publications 52

53 FEMA Building Code Resources Flood Resistant Provisions of the 2015, 2012 and 2009 I-Codes Highlights of ASCE and ASCE 24-14, Flood Resistant Design and Construction Provisions of the I-Codes and ASCE 24 Compared to the NFIP Checklists demonstrating NFIP consistency 53

54 CodeMaster: A New Resource 12-step procedure for determining loads for design Based on IBC, IRC, ASCE 7 and ASCE 24 Includes an example Available from iccsafe.org/store (search CodeMaster ) 54

55 Codes Integrated in FEMA Programs The Future Public Assistance Program Minimum Standards Would require Applicant to use hazard-resistant standards referenced in I-Codes (e.g., ASCE 24) Public comments received through July 8th Disaster Deductible would include the establishment of a predetermined level of state disaster funding or investment in resilience before FEMA will begin to provide additional assistance through the Public Assistance program Goal is to incentivize mitigation strategies and promote risk-informed decision-making to build resilience Public comments received through March 21 st FEMA Policy : Disaster Risk Reduction Minimum Codes and Standards Directs FEMA offices and programs to require, where legally permissible, the use of minimum building codes and standards as a condition of accepting Federal disaster assistance and non-disaster assistance for the construction of buildings or structures. 55

56 FEMA Building Science Helpline Helpline: (866) Approximately 200 inquiries per year Common flood questions Flood openings Basements / below-grade areas Substantial Improvement and Substantial Damage Flood damage-resistant materials FAQ s

57 Federal Insurance and Mitigation Administration (FIMA), Building Science Branch (866)